#10-5206 (PBS&J)
Contract #10-5206
Professional Services for Design Services for Collier Area Transit (CAT)
Transfer Station
THIS AGREEMENT is made and entered into this )3"~ay of re hr \..Lec\" J '
2010, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or
"OWNER") and Post, Buckley, Schuh & Jernigan, Inc., authorized to do business in the
State of Florida, whose business address is 4030 West Boy Scout Boulevard, Suite
700, Tampa, FL 33607 (hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional Design Consulting
services of the CONSULTANT concerning Design of Collier Area Transit (CAT)
Transfer Station (hereinafter referred to as the "Project"), said services being more
fully described in Schedule A, "Scope of Services", which is attached hereto and
incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those
services; and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Design Consulting
services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in
the Scope of Services described in detail in Schedule A. The total compensation to be
paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and
Schedule B, "Basis of Compensation", which is attached hereto and incorporated
herein.
1.3 The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in
Collier County, Florida, including, but not limited to, all licenses required by the
respective state boards and other governmental agencies responsible for regulating and
licensing the professional services to be provided and performed by the CONSULTANT
pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder
relate to a professional service which, under Florida Statutes, requires a license,
certificate of authorization or other form of legal entitlement to practice such services, it
shall employ and/or retain only qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Nathan West, P.E., a qualified licensed professional
to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all
aspects of the services to be provided and performed under this Agreement. Further,
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the Project Coordinator has full authority to bind and obligate the CONSULTANT on all
matters arising out of or relating to this Agreement. The CONSULTANT agrees that the
Project Coordinator shall devote whatever time is required to satisfactorily manage the
services to be provided and performed by the CONSULTANT hereunder. The Project
Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S
prior written approval, and if so removed must be immediately replaced with a person
acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from Owner to promptly remove and replace the Project Coordinator, or any
other personnel employed or retained by the CONSULTANT, or any subconsultants or
subcontractors or any personnel of any such subconsultants or subcontractors engaged
by the CONSULTANT to provide and perform services or work pursuant to the
requirements of this Agreement, said request may be made with or without cause. Any
personnel so removed must be immediately replaced with a person acceptable to
OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has
extensive experience with projects similar to the Project required hereunder. The
CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to
this Agreement shall be subject to the OWNER'S review and approval and shall be in
accordance with the generally accepted standards of professional practice in the State
of Florida, as well as in accordance with all applicable laws, statutes, ordinances,
codes, rules, regulations and requirements of any governmental agencies, including the
Florida Building Code where applicable, which regulate or have jurisdiction over the
Project or the services to be provided and performed by CONSULTANT hereunder. In
the event of any conflicts in these requirements, the CONSULTANT shall notify the
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OWNER of such conflict and utilize its best professional judgment to advise OWNER
regarding resolution of each such conflict. OWNER'S approval of the design
documents in no way relieves CONSULTANT of its obligation to deliver complete and
accurate documents necessary for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame,
including required deliverables, incomplete and/or deficient documents, failure to
comply with local, state and/or federal requirements and/or codes and ordinances
applicable to Consultant's performance of the work as related to the project. This list is
not deemed to be all-inclusive, and the County reserves the right to make sole
determination regarding deductions. After notification of deficiency, if the Consultant
fails to correct the deficiency within the specified timeframe, these funds would be
forfeited by the Consultant. The County may also deduct or charge the Consultant for
services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute
performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third
person, firm or organization, without OWNER'S prior written consent, or unless incident
to the proper performance of the CONSULTANT'S obligations hereunder, or in the
course of judicial or legislative proceedings where such information has been properly
subpoenaed, any non-public information concerning the services to be rendered by
CONSULTANT hereunder, and CONSULTANT shall require all of its employees,
agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such
subpoenas.
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1.9 As directed by OWNER, all plans and drawings referencing a specific geographic
area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or
DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90).
The drawings should either reference specific established Survey Monumentation, such
as Certified Section Corners (Half or Quarter Sections are also acceptable), or when
implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by
OWNER. Information layers shall have common naming conventions (Le. right-of-way -
ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard
CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement,
CONSULTANT shall furnish or obtain from others Additional Services of the types listed
in Article Two herein. The agreed upon scope, compensation and schedule for
Additional Services shall be set forth in the Amendment authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services
under this Agreement, such authority will be as established in OWNER'S Purchasing
Policy and Administrative Procedures in effect at the time such services are authorized.
These services will be paid for by OWNER as indicated in Article Five and Schedule B.
Except in an emergency endangering life or property, any Additional Services must be
approved in writing via an Amendment to this Agreement prior to starting such services.
OWNER will not be responsible for the costs of Additional Services commenced without
such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not
additional but rather a part of the Basic Services required of CONSULTANT hereunder.
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If OWNER determines that a change in the Agreement is required because of the action
taken by CONSULTANT in response to an emergency, an Amendment shall be issued
to document the consequences of the changes or variations, provided that
CONSULTANT has delivered written notice to OWNER of the emergency within forty-
eight (48) hours from when CONSULTANT knew or should have known of its
occurrence. Failure to provide the forty-eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under this Agreement. The following services, if
not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
2.1. Preparation of applications and supporting documents (except those already to
be furnished under this Agreement) for private or governmental grants, loans, bond
issues or advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or
character of the Project or its design including, but not limited to, changes in size,
complexity, OWNER'S schedule or character of construction; and revising studies,
reports, design documents or Contract Documents previously accepted by OWNER
when such revisions are required by changes in laws, rules, regulations, ordinances,
codes or orders enacted subsequent to and not reasonably anticipated prior to the
preparation of such studies, reports or documents, or are due to any other causes
beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations,
maintenance and overhead expenses; the preparation of feasibility studies, cash flow
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and economic evaluations, rate schedules and appraisals; and evaluating processes
available for licensing and assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for
other than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of
CONSULTANT and directed by OWNER, other than visits to the Project site or
OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any
litigation, or other legal or administrative proceeding, involving the Project (except for
assistance in consultations which are included as part of the Basic Services to be
provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project,
not otherwise provided for in this Agreement or not customarily furnished in Collier
County as part of the Basic Services in accordance with generally accepted
professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement
(hereinafter referred to as the "Project Manager"). The Project Manager shall have
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authority to transmit instructions, receive information, interpret and define OWNER'S
policies and decisions with respect to CONSULTANT'S services for the Project.
However, the Project Manager is not authorized to issue any verbal or written orders or
instructions to the CONSULTANT that would have the effect, or be interpreted to have
the effect, of modifying or changing in any way whatever:
(a) The scope of services to be provided and performed by the
CONSULTANT hereunder;
(b) The time the CONSULTANT is obligated to commence and complete
all such services; or
(c) The amount of compensation the OWNER is obligated or committed to
pay the CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests
submitted by the CONSULTANT for payment for services and work
provided and performed in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to
OWNER's requirements for the Project, including design objectives
and constraints, space, capacity and performance requirements,
flexibility and expand ability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing
at CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings,
specifications, shop drawings, product literature, previous reports and
any other data relative to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to
enter the Project site to perform the services to be provided by
CONSULTANT under this Agreement; and
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(e) Provide notice to CONSULTANT of any deficiencies or defects
discovered by the OWNER with respect to the services to be rendered
by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to
the execution of this Agreement upon written Notice to Proceed from OWNER for all or
any designated portion of the Project and shall be performed and completed in
accordance with the Project Milestone Schedule attached hereto and made a part
hereof as Schedule C. Time is of the essence with respect to the performance of this
Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion
of its services as a result of unforeseeable causes beyond the control of
CONSULTANT, and not due to its own fault or neglect, including but not restricted to
acts of nature or of public enemy, acts of government or of the OWNER, fires, floods,
epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify
OWNER in writing within five (5) working days after commencement of such delay,
stating the specific cause or causes thereof, or be deemed to have waived any right
which CONSULTANT may have had to request a time extension for that specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of CONSULTANT'S services from any cause whatsoever,
including those for which OWNER may be responsible in whole or in part, shall relieve
CONSULTANT of its duty to perform or give rise to any right to damages or additional
compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be
the right to seek an extension of time to its schedule provided, however, the granting of
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any such time extension shall not be a condition precedent to the aforementioned "No
Damage For Delay" provision. This paragraph shall expressly apply to claims for early
completion, as well as claims based on late completion. Provided, however, if through
no fault or neglect of CONSULTANT, the services to be provided hereunder have been
delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be
equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a
result of such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any
of the services to be provided hereunder in a timely manner, in addition to any other
rights or remedies available to the OWNER hereunder, the OWNER at its sole
discretion and option may withhold any and all payments due and owing to the
CONSULTANT until such time as the CONSULTANT resumes performance of its
obligations hereunder in such a manner so as to reasonably establish to the OWNER's
satisfaction that the CONSULTANT'S performance is or will shortly be back on
schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to
continue performing Work under this Agreement or any payment issued by OWNER to
CONSULTANT be deemed a waiver of any right or claim OWNER may have against
CONSULTANT for delay or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the
OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in
Schedule B, entitled "Basis of Compensation", which is attached hereto and made a
part hereof.
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ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents,
drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by
or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall
specify whether the originals or copies of such Project Documents are to be delivered
by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated
with delivering to OWNER the Project Documents. CONSULTANT, at its own expense,
may retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring
OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER
a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use
on this Project. CONSULTANT warrants to OWNER that it has full right and authority to
grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of
the Project Documents to complete the Project following CONSULTANT'S termination
for any reason or to perform additions to or remodeling, replacement or renovations of
the Project. CONSULTANT also acknowledges OWNER may be making Project
Documents available for review and information to various third parties and hereby
consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be
retained by CONSULTANT for a minimum of five (5) years from (a) the date of
termination of this Agreement or (b) the date the Project is completed, whichever is
later, or such later date as may be required by law. OWNER, or any duly authorized
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agents or representatives of OWNER, shall, free of charge, have the right to audit,
inspect and copy all such records and documentation as often as they deem necessary
during the period of this Agreement and during the five (5) year period noted above, or
such later date as may be required by law; provided, however, such activity shall be
conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify
and hold harmless OWNER, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of CONSULTANT or anyone employed or utilized by the
CONSULTANT in the performance of this Agreement. This indemnification obligation
. shall not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this
paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under
the Contract Documents, insurance of the types and in the amounts set forth in
SCHEDULE D to this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do
business in the State of Florida.
9.3 All insurance policies required by this Agreement shall include the following
provisions and conditions by endorsement to the policies:
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9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation
policy, provided by CONSULTANT to meet the requirements of
this Agreement shall name Collier County Government, Collier
County, Florida, as an additional insured as to the operations of
CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no
recourse against OWNER for payment of premiums or
assessments for any deductibles which all are at the sole
responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER
applicable to this Project, and the "Other Insurance" provisions of
any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by OWNER
applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work
performed on behalf of Collier County.
9.3.5. All insurance policies shall be fully performable in Collier County,
Florida, and shall be construed in accordance with the laws of the
State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds
are paid and received by OWNER, except such rights as they may have to the
proceeds of such insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance
policies required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by
the Department of Insurance of the State of Florida to transact the
appropriate insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S
own staff, unless otherwise authorized in writing by the OWNER. The employment of,
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contract with, or use of the services of any other person or firm by CONSULTANT, as
independent consultant or otherwise, shall be subject to the prior written approval of the
OWNER. No provision of this Agreement shall, however, be construed as constituting
an agreement between the OWNER and any such other person or firm. Nor shall
anything in this Agreement be deemed to give any such party or any third party any
claim or right of action against the OWNER beyond such as may then otherwise exist
without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to
assign to the Project to perform the Services required hereunder. Such personnel shall
be committed to this Project in accordance with the percentages noted in Schedule F.
CONSULTANT also has identified each subconsultant and subcontractor it intends to
utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors
identified in Schedule F shall not be removed or replaced without OWNER'S prior
written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require
each subconsultant or subcontractor, to the extent of the Services to be performed by
the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of
this Agreement, and to assume toward the CONSULTANT all the obligations and
responsibilities which the CONSULTANT, by this Agreement, assumes toward the
OWNER. Each subconsultant or subcontract agreement shall preserve and protect the
rights of the OWNER under this Agreement with respect to the Services to be
performed by the subconsultant or subcontractor so that the subconsulting or
subcontracting thereof will not prejudice such rights. Where appropriate, the
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CONSULTANT shall require each subconsultant or subcontractor to enter into similar
agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party
beneficiary of each contract entered into between CONSULTANT and each
subconsultant or subcontractor, however nothing in this Agreement shall be construed
to create any contractual relationship between OWNER and any subconsultant or
subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they
are assignable to OWNER upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any
and all claims, except for insurance company subrogation claims, by it against OWNER
arising out of this Agreement or otherwise related to the Project, and except those
previously made in writing in accordance with the terms of this Agreement and identified
by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance
of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver
of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and
such default will be considered cause for OWNER to terminate this Agreement, in whole
or in part, as further set forth in this section, for any of the following reasons: (a)
CONSULTANT'S failure to begin services under the Agreement within the times
specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and
timely perform the services to be provided hereunder or as directed by OWNER, or (c)
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the bankruptcy or insolvency or a general assignment for the benefit of creditors by
CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d)
CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of
conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions
of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days
written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1
above, it is determined for any reason that CONSULTANT was not in default, or that its
default was excusable, or that OWNER otherwise was not entitled to the remedy
against CONSULTANT provided for in paragraph 12.1, then the notice of termination
given pursuant to paragraph 12.1 shall be deemed to be the notice of termination
provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER
shall be the same as and be limited to those afforded CONSULTANT under paragraph
12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part,
without cause upon seven (7) calendar days written notice to CONSULTANT. In the
event of such termination for convenience, CONSULTANT'S recovery against OWNER
shall be limited to that portion of the fee earned through the date of termination, together
with any retainage withheld and any costs reasonably incurred by CONSULTANT that
are directly attributable to the termination, but CONSULTANT shall not be entitled to
any other or further recovery against OWNER, including, but not limited to, anticipated
fees or profits on work not required to be performed. CONSULTANT must mitigate all
such costs to the greatest extent reasonably possible.
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12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to
the OWNER all original papers, records, documents, drawings, models, and other
material set forth and described in this Agreement, including those described in Section
6, that are in CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services
to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2)
calendar days prior written notice of such suspension. If all or any portion of the
services to be rendered hereunder are so suspended, the CONSULTANT'S sole and
exclusive remedy shall be to seek an extension of time to its schedule in accordance
with the procedures set forth in Article Four herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due or such other time as required by
Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some
material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii)
OWNER has failed to cure such default within fourteen (14) days of receiving written
notice of same from CONSULTANT, then CONSULTANT may stop its performance
under this Agreement until such default is cured, after giving OWNER a second fourteen
(14) days written notice of CONSULTANT's intention to stop performance under the
Agreement. If the Services are so stopped for a period of one hundred and twenty
(120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons
performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate this Agreement by giving written notice to OWNER of
CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its
default within fourteen (14) days after receipt of CONSULTANT'S written notice,
CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER,
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terminate the Agreement and recover from the Owner payment for Services performed
through the termination date, but in no event shall CONSULTANT be entitled to
payment for Services not performed or any other damages from Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT,
to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for CONSULTANT, any fee, commission, percentage, gift or
any other consideration contingent upon or resulting from the award or making of this
Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached
hereto and incorporated herein as Schedule E, certifying that wage rates and other
factual unit costs supporting the compensation for CONSULTANT'S services to be
provided under this Agreement are accurate, complete and current at the time of the
Agreement. The CONSULTANT agrees that the original Agreement price and any
additions thereto shall be adjusted to exclude any significant sums by which the
OWNER determines the Agreement price was increased due to inaccurate, incomplete,
or non-current wage rates and other factual unit costs. All such adjustments shall be
made within one (1) year following the end of this Agreement.
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ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. CONSULTANT further represents that no
persons having any such interest shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either
party unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax,
or by United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building H
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Fax: 239-732-0844
16.2. All notices required or made pursuant to this Agreement to be given by the
OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand,
by fax or by the United States Postal Service Department, first class mail service,
postage prepaid, addressed to the following CONSULTANT'S address of record:
19
Post, Buckley, Schuh & Jernigan, Inc.
482 South Keller Road, Orlando, FL 32810
Telephone: 407/806-4192
Attn: Gary T. Wingo, Authorized Personnel
Fax: 407/647-0551
16.3. Either party may change its address of record by written notice to the other party
given in accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of
OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair
dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any
terms thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part,
by CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not
be deemed to be a waiver of any other breach and shall not be construed to be a
modification of the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in
this Agreement are for the purpose of convenience only and shall not be deemed to
expand, limit or change the provisions in such Articles, Schedules, Parts and
Attachments.
20
17.6. This Agreement, including the referenced Schedules and Attachments hereto,
constitutes the entire agreement between the parties hereto and shall supersede,
replace and nullify any and all prior agreements or understandings, written or oral,
relating to the matter set forth herein, and any such prior agreements or understanding
shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of
the parties shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same
instrument.
17.9 The terms and conditions of the following Exhibits and Schedules attached
hereto are by this reference incorporated herein:
Exhibit A GRANTING REQUIREMENTS
Exhibit B JOINT PROJECT AGREEMENT
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND
SUBCONTRACTORS
21
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the
State of Florida, and by such laws, rules and regulations of the United States as made
applicable to services funded by the United States government. Any suit or action
brought by either party to this Agreement against the other party relating to or arising
out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT,
to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for CONSULTANT, any fee, commission, percentage, gift or
any other consideration contingent upon or resulting from the award or making of this
Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and
attached hereto and made a part hereof as Schedule E. CONSULTANT'S
compensation shall be adjusted to exclude any sums by which OWNER determines the
compensation was increased due to inaccurate, incomplete, or noncurrent wage rates
and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has
been informed by OWNER of and is in compliance with the terms of Section
287.133(2)(a) of the Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may
22
not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property
to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount
provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted
vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of CONSULTANT with full decision-making authority and by OWNER'S
staff person who would make the presentation of any settlement reached during
negotiations to OWNER for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making
authority and by OWNER'S staff person who would make the presentation of any
settlement reached at mediation to OWNER'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under section 44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
23
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the CONSULTANT to comply with the laws referenced herein shall constitute
a breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
24
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Design Services for Collier Area Transit (CAT) Transfer Station the
day and year first written above.
ATTEST:
BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA.
DWi: E.\'-i3 fo~:;..?!er,k, ~
" ~
By::c' ,""',~'
'@
Datk,,~'\~' ,8;'ZO(D
~~st U.\o:'C!t4t,.... ,
41tn.tuF.'j,'.oQn I ..
By:
'-A~ w.
Fred W. Coyle, Chairm
p';yr;;"" . Jom;.,., '.0
By:
Randv L. Larson. Co-President
Typed Name and Title
~~.;f?Mf
Witness
Beniamin P. Butterfield, General Counsel
7I;;'me @
41 (
Wi ness
Monica M. Vazquez. Administrative Coordinator
Printed Name and Title
Item #
114 t?> \0
25
Agenda a. b ~ 1\0
Date ~
Date 3 \4 \ 1lC)
F~V-'\
Deputy Clerk
EXHIBIT A
Granting Agency Requirements
Certification Reaardina Debarment
shall be executed by an officer of the firm, associates or corporation submitting the
proposal, and shall be sworn to before a person who is authorized by law to administer
oaths.
Truth-In-Neaotiations Certification
shall be executed by an officer of the firm, associates or corporation submitting the
proposal, and shall be sworn to before a person who is authorized by law to administer
oaths.
Certification for Disclosure of Lobbvina Activities
shall be submitted by the proposed Prime Consultant and Sub-consultants. If a
Standard Form-LL has previously been submitted to a government agency and there
has been no material change, a copy of the previous submission is sufficient.
DBE Participation Statement
shall be completed even if the Consultant does not intend to utilize a DBE firm.
The County encourages DBE firms to compete for County professional services projects,
and also encourages non-DBE consultants to use DBE firms as sub-consultants.
However, use of DBE sub-consultants is not mandatory and no preference points will be
given in the selection process for DBE participation. Consultants are required indicate
their intention regarding DBE participation in the DBE Participation Statement contained
in Exhibit I to this Request for Proposal and to submit that statement with their technical
proposal.
Bid Opportunitv List
Federal law requires states to maintain a database of all firms that are participating or
attempting to participate in DOT-assisted contracts. To assist the County in this
endeavor, consultants are requested to submit the Bidder's Opportunity List contained in
Exhibit I to this Request for Proposal with their technical proposal. The list should
include yourself as well as any prospective sub-consultant that you contacted or who
has contacted you regarding this project. However, any firm previously shown on such a
list need not be included.
TERMS FOR FDOT FUNDED PROJECTS:
The following terms apply to all contracts in which services involve the expenditure of state
funds:
A. It is understood and agreed that all rights of the Department relating to inspection,
review, approval, patents, copyrights, and audit of the work, tracin9, plans specifications,
maps data, and coast records relating to this Agreement shall also be reserved
and held by authorized representatives of the United States of America.
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B. Compliance with Regulations: The Consultant shall comply with the regulations of the
U.S. Department of Transportation relative to nondiscrimination in federally-assisted
programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulation
"CFR", Part 21, hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of the contract.
C. Nondiscrimination: The Consultant, with regard to the work performed by him after
award and prior to completion of the contract work, will not discriminate on the grounds
of race, color, religion, sex or national origin in the selection and retention of
subcontractors, including procurements of material, and leases of equipment. The
consultant will not participate either directly or indirectly in the discrimination prohibited
by 49 CFR Section 21.5 of the program set forth in Appendix B of the Regulations.
E. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF
MATERIALS AND EQUIPMENT: In all solicitations made by competitive bidding or
negotiation made by the Consultant for work to be performed under a subcontract,
including procurements of materials and leases of equipment, each potential
subcontractor, supplier or lessor shall be notified by a consultant of the consultant's
obligations under this contract and the regulations relative to nondiscrimination on the
grounds of race, color religion, sex or national origin.
D. INFORMATION AND REPORTS: The Consultant will provide all information and reports
required by the Regulations, or orders and instructions issued pursuant thereto, and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Department or U.S. Department of Transportation
to be pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish this information, the Consultant shall certify to the
Department, or the U.S. Department of Transportation, as appropriate, and shall set
forth what efforts it has made to obtain the information.
G. SANCTIONS OF NONCOMPLIANCE: In the event of the Consultant's noncompliance
with the nondiscrimination provisions of this contract, the State of Florida Department of
Transportation shall impose such contract sanctions as it or the U.S. Department of
Transportation may determine to be appropriate, including but not limited to,
1. withholding of payments to the Consultant under the contract until the Consultant
complies and/or
2. cancellation, termination or suspensions of the Contract, in whole or in part.
H. INCORPORATION OR PROVISIONS: The Consultant will include the provisions of
Paragraph A through H in every subcontract, including procurements of materials and
leases of equipment unless exempt by the Regulations, order, or instructions issued
pursuant thereto. The Consultant will take such action with respect to any subcontract
or procurement as the State of Florida Department of Transportation or the U.S.
Department of Transportation may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that, in the event a
Consultant becomes involved in, or is threatened with litigation with a subcontractor or
supplier as a result of such direction, the Consultant may request the State to enter into
such litigation to protect the interests of the State, and, in addition, the Consultant may
request the United Stated to enter into such litigation to protect the interests of the
United States.
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I. INTEREST OF MEMBERS OF CONGRESS: No member of or delegate to the
Congress of the United States shall be admitted to any share or part of this contract or to
any benefit arising there from.
J. INTEREST OF PUBLIC OFFICIALS: No member, officer, or employee of the public
body or of a local public body during his tenure or for one year thereafter shall be any
interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this
provision, public body shall include municipalities and other political subdivisions of
States, and public corporations, boards, and commissions established under the laws of
any State.
K. PARTICIPATION BY MINORITY BUSINESS ENTERPRISES: The Consultant shall
agree to abide by statements in Paragraph (1) and (2) which follow. These statements
shall be included in all subsequent agreements between the Consultant and any Sub-
consultant or contractor.
1. "Policy: It is the policy of the Department of Transportation that minority business
enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to
participate in the performance of contracts financed in whole or in part with
Federal funds under this agreement. Consequently, the MBE requirements of 49
CFR Part 23 applies to this agreement.
2. "MBE OBLIGATION: The recipient or its contractor agrees to ensure that minority
business enterprises, as defined in 49 CFR Part 23, have the maximum
opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal Funds provided under this
agreement. In this regard, all recipients or contractors shall take all necessary
and reasonable steps in accordance with 49 CFR Part 23, have the maximum
opportunity to participate in the performance of contracts and subcontracts
finance in whole or in part with Federal funds provided under this agreement. In
this regard, all recipients or contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 23 to ensure that minority business
enterprises have the maximum opportunity to compete for and perform contracts.
Recipients and their contractors shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of DOT-assisted contracts."
L. It is mutually understood and agreed that the willful falsification, distortion or
misrepresentation with respect to any facts related to the project(s) described in this
Agreement is a violation of the Federal Law. Accordingly, Unites States Code, Titie 18,
Section 1020, is herby incorporated by reference and made a part of this Agreement.
M. It is understood and agreed that if the Consultant at any time learns that the certification
it provided the Department in compliance with 49 CFR, Section 23.51, was erroneous
when submitted or has become erroneous by reason changed circumstances, the
Consultant shall provide immediate written notice to the Department. It is further agreed
that the clause titled "Certification Regardin9 Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section
29.510, shall be included by the Consultant in all lower tier covered transactions and in
all aforementioned federal regulation
N. The Department herby certifies that neither the consuitant nor the consultant's
representative have been required by the Department, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this contract, to
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w,_ _.____.".______'.__.__. . ,_.,,_,,_~_,_'_'__" ___"'_'''~'._.".~..,_.,_..,~_,._~__
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or or9anization, any fee, contribution,
donation, or consideration of any kind:
The Department further acknowledges that this agreement will be furnished to a federal
agency, in connection with this contract involving participation of Federal-Aid funds, and
is subject to applicable State and Federal Laws, both criminal and civil.
O. The Consultant hereby certified that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee,
or other consideration, any firm or person (other than a bona fide employee
working solely for the above contractor) to solicit or secure this contract:
2. agreed, as an express or implied condition for obtaining this contract, to employ
or retain the services of any firm or person in connection with carryin9 out this
contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for the above contractor) any fee contribution, donation,
or consideration of any kind for, or in connection with, procuring or carrying out
the contract.
The consultant further acknowledges that this agreement will be furnished to the State of
Florida Department of Transportation and a federal agency in connection with this
contract involving participation of Federal-Aid funds, and is subject to applicable State
and Federal Laws, both criminal and civil.
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EXHIBIT B
JOINT PROJECT AGREEMENT
B-1
SCHEDULE A
SCOPE OF SERVICES
SECTION 1: BACKGROUND AND PROJECT DESCRIPTION
in the CONSULTANT shall provide architectural and engineering services for the construction of a
Sustainable Intermodal Transit Station in Collier County at the Government Complex located at 3301
East Tamiami Trail. The Intermodal Transfer Station can be defined as a centrally located facility which
functions as a gathering point for public transportation services, including local bus, express bus, and the
potential for alternative transportation modes for passengers. The Transfer Station would include
sheltered boarding platforms and enclosed waiting areas for passengers, transportation offices, ticket
purchasing areas, and passenger amenities such as restrooms, telephones, ATM's, and information
kiosks. Private development such as office or retail development may also be included with the
transportation center project. A primary goal for this project is to acquire the highest level of the
Leadership in Energy and Environmental Design (LEED) certification possible within the given budgetary
limitations.
1.1 SYSTEM BACKGROUND INFORMATION
In January 2001, the Collier County Board of County Commissioners (BCC) approved the Public
Transportation Operation Plan (PTOP) and Collier County received delivery of seven new buses for the
start up of the CAT System. Today the system consists of nine (9) fixed routes with operating hours from
4:30 a.m. to 8:00 p.m. seven days a week excluding holidays. The weekday base level service requires
approximately seven buses, and a total of sixteen (16) buses are operated in the peak. CAT provides
more than 1.2 million unlinked passenger trips on its fixed route each year and is financed through a
combination of fare revenues, Federal funds, State of Florida funds, and local property tax revenue.
CAT Paratransit provides demand response transportation service for senior citizens and persons with
disabilities. The paratransit fleet consists of twenty (20) buses and operates daily door-to-door
Paratransit services to over 100,000 passenger trips per year. Paratransit service is funded through
Florida's Transportation Disadvantaged Program and Medicaid Program.
1.2 PROJECT HISTORY
The Collier County Government Complex contains of a number of government facilities including office
for the County Manager's Agency, the Clerk of Courts, the Sheriff's Office and Jail, the Health
Department, and the Tax Collector. On August 1,2007, Collier Area Transit (CAT) moved their
passenger transfer facility to the Collier County Government Center campus next to the Museum, after
being asked to relocate by Lorenzo Walker Institute of Technology. This current location by the Museum
was always intended to be a temporary location until a permanent faCility could be built. The temporary
Transfer operations consist of portable restrooms, tents and benches providing limited amenities to
passengers making connections to seven of the nine routes in the system. Although the area is
functioning it was not designed for this activity and consequently the area is wearing rapidly creating
maintenance issues. Additionally, during inclement weather passengers are forced to wait in less than
comfortable surroundings.
The site proposed for the permanent location of the Transfer Station is located at the southeast corner of
the campus adjacent to US 41 (Tamiami Trail) and Espinal Boulevard across from Wal-mart. The
proposed facility location is within the Collier County Government Center Community Facility Planned
Unit Development ("CFPUD"), which was previously approved as a Development of Regional Impact
(DRI). As part of the PUD ordinance, the CFPUD was determined to be consistent with the DR!.
Permitted uses within the CFPUD include "administrative service facility"; "essential public service
facilities"; "parking facilities"; and "any other uses that are comparable in nature with the foregoing uses
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and are consistent with the permitted uses of [the] CFPUD, as determined by the Board of Zoning
Appeals".
In addition, accessory uses within the CFPUD include "accessory uses and structures customarily
associated with the principal permitted uses." Because the proposed facility is intended for use by the
public for transportation services, the facility falls under both the permitted and accessory uses of the
CFPUD.
1.3 PROJECT OBJECTIVES & DESCRIPTION
COLLIER AREA TRANSIT (CAT) through the Alternative Transportation Modes (ATM) Department
requires preparation of detailed architectural and engineering plans for the Sustainable Intermodal
Transit Station Project. Key objectives of the project include:
. A noteworthy design of the Transfer Station building and boarding platforms that visually
acknowledges that the facility is "green", and incorporates the surrounding architecture while
creating a vibrant and urban sense of place.
. All aspects of this project will radiate efficiency, sustainability, and social and environmental
responsibility, resulting in an environmentally sensitive and high performing building that achieves
the highest level of the Leadership in Energy and Environmental Design (LEED) Certification
possible 9iven financial constraints.
· The project will be the most prominent representation of Collier County's commitment to
alternative transportation. The facility's design will boldly symbolize this sustainable commitment
to public transportation.
. The facility shall be designed so that it can be operated and maintained throughout its useful life
in a manner that gives public transportation a positive and strong image in the community.
. The development of the plan should deal with the interrelationship between the Transfer Station
facility and the flow of pedestrian and bus traffic in the context of the Government Complex and
surrounding area.
. The project should be primarily catered to the customer, the bus rider, and shall be highly
responsive to their needs, comfort and safety.
The Sustainable Intermodal Transit Station can be defined as a centrally located facility which functions
as a transfer point for public transportation services, including local bus, express bus, bicycle and the
future possibility of alternative transportation modes for passengers. The project will allow the
convenient, safe and efficient transfer of passengers from one vehicle to another, and will seamlessly
contribute to the pedestrian oriented complex. The Station shall include sheltered boarding platforms and
enclosed waiting areas for passengers, transportation offices, ticket purchasing areas, and passenger
amenities such as restrooms, telephones, ATM's, and information kiosks. Private development such as
office or retail may also be included with the Station as a joint use development.
1.4 SUSTAINABILlTY
While any type of environmentally sound innovative building technology may be proposed, COLLIER
AREA TRANSIT (CAT) is particularly interested in technologies that address the following:
. Ecological site design: on-site erosion control, water purification/pollution reduction, and
stormwater management (bioswales, ecoroofs, stormwater filtration, pervious pavements, etc.).
. Waste reduction: building reuse, job site recycling, and efficient use of materials.
. On-site management of sewage and organic wastes, such as graywater systems and biological
wastewater treatment.
. Energy efficiency: efficient thermal envelopes, efficient space and water heating, li9htin9, controls
and monitoring, and appliances.
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· Renewable energy: photovoltaics, geothermal pumps, wind turbines, microturbines, and fuel
cells.
. Water efficiency, both domestic and irrigation, including rainwater harvesting for irrigation and
toilet flushing.
. Materials and resources: durable building envelopes and long-lived materials or assemblies,
recycled-content materials, FSC-certified woods, safer less toxic materials, such as alternatives
to CCA-treated wood, innovative application of natural materials (characterized by low embodied
energy, local availability, good performance, biodegradable, safe, esthetic) such as straw, earth,
and other composites.
. Indoor environmental quality, pOllution reduction, worker and occupant safety, air cleaning,
humidity control and thermal comfort.
. Operations and maintenance: resource-efficient building operations practices, monitoring of
energy, water, waste, and indoor and outdoor air quality.
1.5 PROJECT START UP AND COMPLETION
This project may be subject to strict time deadlines or detailed reporting requirements as defined by
federal economic recovery or other funding regulations. CONSULTANT must assume responsibility for
complying with these types of requirements.
SECTION 2: STATEMENT OF WORK
2.1 GENERAL
The goal of this Agreement is to secure the services of an Architect as the prime consultant along with an
Engineer that can develop the overall the Leadership in Energy and Environmental Design (LEED)
certified Transfer Station project while considering the overall functions within context of a transit
orientated Government Complex. The design of the overall complex and particularly the Station itself
needs to be functional and aesthetically noteworthy; noteworthy from the perspective that the Station
building (and associated private development) will represent a strong statement to the community, not
only about the development but COLLIER AREA TRANSIT (CAT) as well. This project will become a
major catalyst for continued expansion of the COLLIER AREA TRANSIT (CAT) public transportation
system.
The funding for construction of the project has partially been secured through the State of Florida
Intermodal Program Funds. It is COLLIER AREA TRANSIT (CAT)'s intention to complete the design and
commence construction in as expeditious a manner as funding, and regulatory approvals will allow.
Depending upon the type of additional funding acquired, the chosen firm will need to comply with any
necessary federal reporting; including, if necessary, progress reports on attaining specific project
milestones and the number of primary and secondary jobs created as a result of this work. The design
shall comply with the FOOT Project Development and Environmental Manual: the Manual of Uniform
Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of
Florida, 1994 Edition (Green Book); and the Manual on Uniform Traffic Control Devices, 1988 Edition.
The design and construction effort for this project will be completed in a two phase process utilizing the
tasks listed below.
Phase One:
The CONSULTANT will perform preliminary site investigation activities necessary for the complete
desi9n effort and preparation of six (6) conceptual designs for the proposed site. The CONSULANT will
be9in the preliminary environmental research for the site permitting effort. The CONSULTANT will be
responsible for the preparation of a Contamination Search Record Technical Memorandum, identifying
any potential contamination issues in the project area. The CONSULTANT will also prepare a Cultural
Resource Assessment Technical Memorandum, identifying any potential historical or cultural issues in
the project area.
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Based on the information proved by the CONSULTANT, the County will approve one of the conceptual
designs for design and construction.
Phase Two:
The CONSULTANT will proceed with the preparation of all necessary construction contract documents
based on the scope listed in the task below:
PRE-DESIGN ACTIVITIES
P2 SITE INVESTIGATION
Task P.2.1 Site Investigation Kick-Off Meeting
Task P.2.2 Field Survey
Task P.2.3 Assessment of Site Contamination
Task P.2.4 Geotechnical Investigations
Task P.2.5 Site Investigation Report
2.2 TASK DESCRIPTIONS
Part 1 - Proqramminq and Concept Desiqn
Task 1.1: Program Study
The first focus of this task is to identify the program and statement of need as to the size, as well as other
programmatic needs including passenger amenities, administrative offices and retail space of a new
transfer facility. During this study phase, bus distribution and patron allocation will be critical factors in
determining the programmatic needs of the facility. Once those elements have been defined and
approved by COLLIER AREA TRANSIT (CAT), conceptual drawings and preliminary layouts that will
meet the program needs can be advanced.
Task 1.2: Concept Drawings
After development of the program for the facility a concept drawing specific to the proposed site will be
advanced. Exhibits A 1 and A2 are provided as examples from prior concepts. At a minimum, three
concept designs will be provided, and may be used to solicit public input regarding the project. The
selected drawing approved by COLLIER AREA TRANSIT (CAT) will serve as the basis for the next
phase of the project (0 percent - 30 percent) plans.
. Deliverables: Provide five (5) copies of all draft and finai reports and response documents.
Also, provide one electronic copy of the document. RWA Task 1.0
Task 1.3: Review & Revision
The Design Team shall assist COLLI ER AREA TRANSIT (CAT) with the identification of, application for
and obtainment of all necessary plan reviews, approvals and permits as required and as they apply to all
phases of the project.
At a minimum, monthly review sessions will take place in addition to a written report to allow
COLLIER AREA TRANSIT (CAT) to check progress throughout the concept and design process.
Following the submittal of deliverables under Task 1.2, COLLIER AREA TRANSIT (CAT) will
provide the Design Team with a written summary of comments/suggested revisions.
The Design Team will be required to revise the deliverables and drawings based on these
revisions as well as provide documentation that each revision has been considered.
It should be assumed that this "one-round of revisions" approach will be employed following the
submittal of all documents and drawings throughout the entire design phase.
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Part 2 Preliminary Architectural Design/Engineering
Task 2.1: 30 Percent Design
On the basis of decisions made in the previous tasks, the CONSULTANT shall prepare Preliminary
Design Documents to 30 percent design. The Preliminary Design Documents shall fix and describe the
size and design character of the project as to its architectural, structural, mechanical, plumbing,
communication and electrical systems, equipment, schedules and other essentials as appropriate, and
should represent approximately 30 percent complete design with the Leadership in Energy and
Environmental Design (LEED) certification. The Preliminary Design Documents, Specifications,
Schedules and associated documents shall include at least the following information:
o Conceptual design criteria, to establish required levels of performance, configuration and quality
for all programming and system elements.
o Develop equipment lists that include preliminary cost estimates.
o Specific functional requirements and spatial relationships for all program elements.
o Support preliminary design decisions by analysis, evaluations and studies, consistent with
acceptable engineering and design practices.
o Specific design requirements needed for project approval by permitting authorities to include a
Phase 1 Environmental Assessment.
o Plan of Development (POD).
o Quality assurance procedures to ensure coordination interface and consistency between the
design/engineering disciplines. Implement environmental sustainability concepts as demonstrated
through The Leadership in Energy and Environmental Design (LEED).
o Design of offsite utility services, traffic and street improvements, and control devices.
o All necessary permits, utility clearances, and other authorizations. Interagency
coordination/Public involvement process.
o Project cost estimate (30 percent).
o Layout of project elements to a suitable level for initiating final design phase.
Task 2.2: Interagency Coordination/Pubic Process
This task is to provide and participate in assistance/services to COLLIER AREA TRANSIT (CAT) during
the course of the design effort, which may involve coordination with various federal, state, county or local
authorities. The CONSULTANT will be looked upon to provide services including but not limited to:
o The submission of renderings and other presentation materials suitable to illustrate the proposed
project. The CONSULTANT should be prepared to inform user groups and local citizens of the
work to be performed using media, meetings, flyers, etc., or as COLLIER AREA TRANSIT (CAT)
deems necessary.
o Attendance and assistance at select COLLIER AREA TRANSIT (CAT) meetings and events, in
accordance with environmental or community information programs. Record and prepare minutes
of all meetings.
o The identification of, application for and obtainment of all necessary plan reviews, approvals and
permits as required and as they apply to all phases of the project.
Deliverables: The Preliminary Design Drawings, Specifications, Schedules and associated documents
shall be submitted in ten (10) copies, with eight (8) half-scale, one (1) half-scale reproducible, and one
(1) full size set of plans, to COLLIER AREA TRANSIT (CAT) for review and comment. Submittals shall
include the following:
. Cover sheet
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Index of drawings
Site drawings
Utility distribution systems
Plans, elevations, sections and other details pertinent to feature designs
Utility plans/lighting plans
Design analysis, separately bound and labeled and sufficiently complete to permit review of:
./ Structural analysis
./ Mechanical analysis with line diagrams
./ Electrical analysis with line diagrams
./ Special features/systems (e.g., seating, graphics, communications, corrosion prevention,
storm sewer, sanitary sewer, etc.)
./ Building and site security (video/camera)
.
.
.
Technical Specifications/equipment lists and evaluation.
Statement of Estimated Construction Costs in sufficient detail (quantity take-offs) to permit
evaluation.
Due to the many differing requirements of COLLIER AREA TRANSIT (CAT) and external interested
parties for review of specific elements of the project, it will be necessary to reproduce the design
documents. This will require their enlargement, downsizing, modification, and display without certain
elements or with emphasis on certain elements.
Part 3 - Final Design (60 Percent - 100 Percent), Bid Phase Services; Construction Phase
Services; Commissioning and Project Close-outlWarranty
Task 3.1- Client Review
The CONSULTANT will: advance the approved Preliminary Design, including all recommendations
through 60 percent, 90 percent and 100 percent complete design and engineering, and will prepare
detailed construction bid documents, including plans, specifications and cost estimates, for all
construction work necessary; prepare construction phasing schedule/work plan; and coordinate phasing
plan with final funding plan. The consultant will also conduct any remaining engineering technical study
tasks needed prior to commencing final design.
Monthly review sessions will take place to allow the Collier Area Transit (CAT) to check progress of the
design. These meetings will be in addition to reviews at the preliminary, 60 percent, 90 percent and 100
percent design levels. Time should be budgeted by the consultant and any necessary sub-consultants
accordingly.
Task 3.2 - 60 Percent Design
At 60 percent complete architectural engineering design: the CONSULTANT shall prepare the following
for the 60 percent complete review:
. Site plans at 1" = 30', which shows all elements of construction layouts, grades and elevations.
. Construction staging and execution plans, as necessary, to execute the construction work as
agreed to by COLLIER AREA TRANSIT (CAT) and regulatory review agencies.
. Elevations and sections, as necessary, to show layout and configuration of all construction
elements.
. Typical sections as necessary.
. Electrical plans showing diagrams, load protection, typical lighting fixtures, specialized electrical
systems, and other electrical equipment.
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· Composite plumbing plan combining all sector drawings into one floor plan showing all potable
water distribution piping, all storm, sanitary and industrial drainage.
. Structural plans, elevations, and sections as necessary.
. Mechanical plans, elevations, sections as necessary, including any specialized systems.
. Landscaping plans.
. Signage plans.
. Structural, mechanical, electrical and/or any other calculations or analysis used for the 60 percent
design/engineering documents.
. Construction costs estimate, with quantified items for each type of work.
. Preliminary Construction Schedule.
· Draft technical Specifications in CSI format, and special provisions including construction staging
and execution practices from Task I.
. Leadership in Energy and Environmental Design (LEED) Certification Checklist.
Task 3.3: 90 Percent and 100 Percent Complete Architectural
The CONSULTANT shall prepare Final Architectural Design/Engineering documents. Final Design
Documents shall be submitted to COLLIER AREA TRANSIT (CAT) for approval. Final drawings and
Specifications shall set forth in detail the requirements for the construction of the entire project, including
necessary bidding information. The consultant shall also prepare the complete bid package. The final
design shall include:
. Title sheet with key and location plans in sufficient detail and clarity indicating the surrounding
area. Vicinity map if required.
. Site plans, including contours at one (1) foot intervals in elevation, property and easement lines,
benchmarks, structures, buildings, pavement types and limits, drainage, utilities, and other
features which define the existing site, the proposed construction, and final configuration. The
plan and profile of underground utilities and invert elevations of storm drains, if any, shall be
shown.
. Plans, profiles, sections and typical sections necessary to define the site work.
. Details of all site work.
. Architectural, electrical, drainage, landscaping, signage and structural plans (as required).
. Demolition plans (as required).
. Technical Specifications using CSI format.
. Preparation of special provisions, as required.
. An estimate of quantities and final cost estimate, including unit prices where appropriate, along
with documentation of analysis used to establish unit and lump sum prices.
. Utility agreements, plans, and evidence of coordination with utility facilities affected by the project.
· Bidders' proposal forms by discipline, including quantities where appropriate.
. Construction staging plan and temporary signage plans as required for each stage of
construction.
A summary of all criteria used in the design, including loads (dead, live, wind, seismic, impact or other
loads as appropriate), material grades, codes and assumptions, in a format which is appropriate for use
by reviewing parties, including Federal Transit Administration (FTA), state, and city/county agencies.
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At the 90 percent design stage, ALL PLANS AND SPECIFICATIONS MUST BE COMPLETE; no missing
drawings/sections shall be allowed at this stage. The CONSULTANT shall submit drawings and other
related data as set forth above for COLLIER AREA TRANSIT (CAT) review and approval. As part of this
task, the CONSULTANT shall obtain any and all necessary plan reviews, approvals, and permits as
required by federal, state, regional, and city/county authorities. At the 100 percent stage, CONSUL TANTS
must abide by the following signature procedures:
. 100 percent design/engineering drawings/specifications are defined as complete when all
regulatory agencies' and COLLIER AREA TRANSIT (CAT)'s comments are incorporated.
. The CONSULTANT shall sign and seal all drawings.
. Any sub-CONSULTANT shall sign and seal his or her own drawings.
· The CONSULTANT'S logo shall appear on each drawing prepared by a sub-consultant.
· All drawings prepared for this contract shall be signed and sealed by a principal of the firm who
possesses a valid Florida Professional Engineer or Florida Registered Architect License.
. The Design Team shall submit all necessary documentation to apply for and receive the
approved Leadership in Energy and Environmental Design (LEED) Certification.
Design Calculations and Diagrams: Submit complete computations and design drawings covering all
structural framing and supports such as primary framing members, bracing, foundations, slabs and
architectural finishes. All engineering calculation sheets shall be numbered, dated, and indexed. The
index sheets shall be sealed by a Professional Engineer, licensed in Florida, who is familiar with and
responsible for the design.
Construction Phasing Schedule: Coordinate Schedule with Final Funding Plan. Provide an estimate of
the time required to complete construction in the format of a cost loaded schedule. Present the Schedule
in bar graph form using days, weeks or months as appropriate for the limit of time. This Schedule is for
project control purposes only and will not be used by any contractor.
Determine from the project plan the delivery time required for long-lead time equipment, and material.
Prepare material lists for all long-lead or COLLIER AREA TRANSIT (CAT) supplied materials,
equipment, and apparatus, and submit to COLLIER AREA TRANSIT (CAT) for approval.
Task 3.4: Bid Phase Services
Prepare all bid package materials including Drawings & Specifications, Invitation for Bids, Instructions to
Bidders, Bid Forms, the Form of Bid Bond, Performance and Payment Bonds, Material Bonds, the
General Conditions, the Special Conditions, the General Scope of Work, Addenda (if any), regulatory
requirements and compliance issues, and Davis-Bacon and Prevailing-Wage rates issues. Prepare Bid
Notice. Hold a pre-bid conference. Prepare Bid Document Addenda including Contract Drawing revisions
and engineering calculations, as necessary or as requested by COLLIER AREA TRANSIT (CAT) for
COLLIER AREA TRANSIT (CAT) approval and issuance. Furnish originals for final printing. Answer
questions asked of COLLIER AREA TRANSIT (CAT) staff by bidders during the bid period.
Bid Opening: Review all contractor's bid documents for conformity with technical requirements and
completeness of response of the Bid Package and reasonableness of bid quoted. Perform due diligence
activities to determine the most responsible and responsive bid. In determining the responsibility of a
bidder, the consultant will consider overall compliance with bid terms and conditions, integrity,
compliance with public policy, record of past experience and performance, financial and technical
resources (including construction and technical equipment), and bond capacity. Make written
recommendation as to contract award to COLLIER AREA TRANSIT (CAT). Conform all contract
drawings to Addenda as required after award of the construction contract. All contract drawings must be
conformed within one month of the construction bid opening date.
Task 3.5: Interagency Coordination
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Final Design: Provide assistance/services to COLLIER AREA TRANSIT (CAT) during the course of the
design effort, which may involve coordination with various federal, state, county or local authorities. The
consultant may be required to attend meetings and events, assisting COLLIER AREA TRANSIT (CAT) in
accordance with environmental or community information programs. The CONSULTANT will be required
to identify, apply for and obtain all necessary plan reviews, approvals and permits as required, as they
apply to all phases of the project. The grant funds for this project shall be spent by December 31, 2012.
It is the intent of the County to have design and construction oversight services completed by June 30,
2013. Time will be of the essence to meet this requirement. Strict attention to schedule, a
CONSULTANT with staff familiar with local fire code and building code requirements will be needed in
order to meet this obligation.
General: The CONSULTANT shall exercise reasonable care in the preparation of contract documents to
conform to all applicable code requirements in effect at the time of issuance of the contract documents.
As previously mentioned, the approval of plans and specifications which have been submitted to
COLLIER AREA TRANSIT (CAT) is not to be construed as authority to violate, cancel or set aside any
provisions of applicable codes or this contract. Nothing contained in this Agreement is intended to
relieve the CONSULTANT of responsibility for maintaining adequate supervision over design, in order to
guard COLLIER AREA TRANSIT (CAT) against deficiencies in the design work.
The CONSULTANT shall be liable to COLLIER AREA TRANSIT (CAT) for any costs incurred to correct,
modify or redesign any drawings submitted by the CONSULTANT that are found to be defective or not in
accordance with the provisions of this agreement as a result of any act, error or omission on the part of
the consultant, agents, servants or employees. The CONSULTANT shall be given reasonable
opportunity to correct any deficiencies at no additional cost to COLLIER AREA TRANSIT (CAT).
Deliverables: Design Calculations - originals and one (1) copy;
90 percent Design Documents - three (3) copies and one electronic copy;
100 percent Design Documents - three (3) copies and one electronic copy;
100 percent Construction Bid Packages - TBD.
Part 4 - Construction Phase Services w/Commissioning and Project Close-OutlAs-Builts
Task 4.1: Construction Phase
Construction Phase Services requirements for the project are defined by four subtasks:
4.1A - Response to Questions/Request for Information (RFI)
4.1 B - As Needed Construction Inspection/ Quality Assurance & Quality Control
Construction Management (To be Negotiated as Needed)
4. 1C - Change Order Preparation/Evaluation/Estimates (To be Negotiated as needed)
4.1 D - Shop Drawing Review and Material Approvals.
As part of the services performed under this task, the CONSULTANT or his or her representative will be
required to attend one (1) preconstruction meeting, and at a minimum, one (1) project status meeting and
one (1) field meeting per each week of construction activities.
Subtask 4.1A - Response to Questions/RFI's: As necessary throughout the construction period and
post-construction period, the CONSULTANT will provide the required technical expertise necessary to
respond to any design document related question, request for clarification, etc. This service shall be
available for issues brought forward by COLLIER AREA TRANSIT (CAT), the prime contractor, his or her
subcontractors, or any related or impacted federal, state, county or municipal entity.
Subtask 4.1 B - Construction ManagemenUlnspections/Quality Assurance & Quality Control:
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This task includes all activities of as needed construction inspection to determine quality control and
assurance functions, procedures, and responsibilities for construction, system installation and integration
of system components.
The CONSULTANT shall designate a quality representative with defined authority and responsibility:
Establish and implement procedures to maintain & control nonconforming work; Investigate
nonconforming work and action needed to prevent recurrence; and document and implement corrective
actions
The following are optional services, to be negotiated on an as needed basis with the County;
Construction Management and material testing/tests that shall be performed to verify the basic strength
of materials and/or fabrication and construction techniques. Testing plans should be done to organize
inspection and testing to ensure adequate control over the work to verify acceptability. These plans
should control the progress of work to provide evidence of acceptability and to discover nonconforming
conditions at the earliest time.
Subtask 4.1 C Change Order Preparation/Evaluation/Estimates: The CONSULTANT will review, analyze,
and provide recommendations on contractor requests for change and Change Orders through the
preparation of detailed cost estimates. Cost estimates shall include material quantities and cost, labor
quantities and all direct and indirect costs, and an analysis of the contractor's proposal for alternate
methods and materials. In addition, the CONSULTANT will prepare all necessary change order
documents (designs, specifications, cost estimates, schedule analysis, etc.) as required by COLLIER
AREA TRANSIT (CAT) for effective change order evaluation, negotiation and construction. All Change
Orders of $25,000 or greater will require prior approval by FDOT.
Subtask 4.1 D Shop Drawing Review and Material Approvals: The CONSULTANT shall review and
approve all project design related shop drawings and material submittals as designer-of-record. These
reviews and approvals shall be completed and returned no more than ten (10) working days after receipt
from the construction manager/contractor.
Task 4.2: Project Close Out
Assistance requirements for this task are defined by three subtasks:
4.2A - Test Operational Systems/Corrective Actions
4.2B - Final Punch List
4.2C - Final Inspection/Project Acceptance
Subtask 4.2A: Prior to accepting project, CONSULTANT is to activate and test all operational systems
including but not limited to: electrical and communication, plumbing (if provided), active storm water
systems, and mechanical (if provided). Establish and implement procedures to maintain and control
nonconforming work. Investigate nonconforming work and action needed to prevent recurrence.
Document and implement corrective actions.
Subtask 4.2B: The CONSULTANT will partiCipate in the inspection and development of the final punch
list to be received by the contractor prior to final acceptance. The CONSULTANT will provide the
necessary services to qualify or not quality the project as "substantially complete" and offer documented
notification of the same.
Subtask 4.2C: As the designer of record, the CONSULTANT will participate in the final project inspection
following completion of punch list activities, and provide COLLIER AREA TRANSIT (CAT) with formal
written notification of project acceptance
Task 4.3: As-Builts
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Upon completion of construction, the CONSULTANT is required to modify the original contract drawings
to reflect "as-built" conditions. The construction management forces and/or the contractor will furnish the
"as-built" information to be verified and incorporated. Three (3) reproducible sets and three (3) sets on
disk or CD-ROM of "as-built" contract drawings will be required prior to any payment of the consultant
under this task item.
As a condition of the CONSULTANT'S final project acceptance of payment under this task item, the
contractor will assemble all required equipment/systems operating and maintenance manuals as well as
specific warranty certificates, and transmit the same to COLLIER AREA TRANSIT (CAT).
2.3 SUSTAINABLE INTERMODAL TRANSIT STATION REQUIREMENTS
Transfer Area:
The Transfer area will include bus platforms that will allow at least eight CAT buses to stage at one time
(off of public streets). Platform areas should be lit and covered to shelter patrons from rain and sun. In
addition, it is anticipated that a fully enclosed passenger waiting area will be designed into the facility in
close proximity to the buses. This area should incorporate some type of heating & cooling systems for
the comfort of waiting passengers. Other conveniences such as phones and newspaper racks would also
be provided as well as information kiosks that give route and schedule information to customers.
Transfer Building:
The Transfer building will house a number of administrative functions for COLLIER AREA TRANSIT
(CAT) including office space, a public meeting room(s), space for customer service functions, as well as
ticket and information counters. Space for a drivers' break room and lavatory facilities should also be
included. The building will also include an indoor air conditioned/heated waiting area for passengers.
Other passenger amenities such as restrooms, concession, and telephones should be provided. A
limited amount of retail/restaurant space is also proposed as well as a security mini-station.
Technology:
It is anticipated that numerous passenger amenities involving emerging technologies will be implemented
in the Transfer Station. Real-Time Schedule information displays, passenger information kiosks,
automatic fare vending machines, etc. must all be accommodated by the facility design.
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SCHEDULE B
BASIS OF COMPENSATION
DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B 1.1.1 All monthly status reports and invoices shall be mailed to the attention of Gary
Putaansuu, Principal Project Manager, 2885 South Horseshoe Drive, Naples, 34104.
2. COMPENSATION TO CONSULTANT
8.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
TASK PHASE NOT TO EXCEED
AMOUNT:
P Phase I - Pre-Design Activities $ 54,694.00
includinq Reimbursables
1. Phase I -Programming and Concept $ 45,084.00
Desian including Reimbursables
2. Phase II - Preliminary Architectural $ 45,669.00
Design/Engineering including
Reimbursables
3. Phase II - Final Design (60 - 100 $106,973.00
Percent), Bid Phase Services,
Construction Phase Services,
Commissioning and Project Close-
outlWarrantv including Reimbursables
4. Construction Phase Services with $ 53,075.00
Commissioning and Project Close-
OuUAs-Builts including Reimbursables
TOTAL FEE jIotalltems P-4) $ 305,495.00
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set
forth in the Attachment I to this Schedule B.
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B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
8.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
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B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are fromlto destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061,
F.S., and the Agreement, the terms of the Agreement shall prevail.
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SCHEDULE B -ATTACHMENT A
SCHEDULE OF FEES FOR SERVICES
"Design Services for Collier Area Transit (CAT) Transfer Station"
Task P- Pre Desian Activities: Not to exceed:
· Site Investigation Kick-Off Meeting
. Field Survey
· Assessment of Site Contamination
· Geotechnicallnvestigations
. Site Investigation Report
Task 1 - Proarammina and Concept Desian: Not to exceed:
. Program Study
. Concept Drawings
. Review and Revision
Task 2 - Preliminary Architectural Desian/Enaineerina: Not to exceed: $45.669
. 30 Percent Design
· Interagency Coordination/Public Process
Task 3 - Final Desian (60 Percent - 100 Percent). Bid Phase Services: Construction Phase
Services: Commissionina and Proiect Close-outlWarrantv: Not to exceed: $106.973
. Client Review
. 60 Percent Design
· gO Percent and 100 Percent Complete Architectural documents
. Bid Phase Services
· Interagency Coordination
$54.694
$45,084
Task 4 - Construction Phase Services with Commissionina and Proiect Close-OutlAs-
Bums: Not to exceed: $53,075
· Response to Questions/Request for Information (RFI)
· As Needed Construction Inspection/Quality Assurance and Quality
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Total for Items P,and Items 1 through 4
$305,495.00
-Due to the nature of a large construction project, while the total dollar amount might remain the
same, there may be some fluctuation in the task categories calculations.
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SCHEDULE B - ATTACHMENT B
Contract # 10-5206 "Design Services for Collier Area Transit (CAT) Transfer Station"
Consultant's Emplovee Hourlv Rate Schedule
Title Hourly Rate
Principal Planner $ 210.00/hr
Principal Architect $195.00/hr
Senior Project Manager $180.00/hr
Quality Control $150.00/hr
Senior Planner $ 145.00/hr
Project Architect $ 135.00/hr
Designer /I $100.00/hr
Senior Inspector $ 85.00/hr
Planner $ 80.00/hr
Administrative $ 65.00/hr
END OF SCHEDULE B
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
.
----
1.1
1.2
1.3
03/08/10
03/01/10
03/01110
04/23/10
06/25/10
06/25/10
--------
60 Percent Desi n 56 da s 07/30/10 09/17/10
90 Percent Desi 56 da s 09/17/10 11105/1 0
100 Percent Desi n 28 da s 11/05/1 0 12/03/1 0
Bid Phase Services 77das 12/06/10 02/18/11
Intera enc Coordination 357 da s 03/01/10 02/28/11
C-I
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
f)-I
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(g) If the initial, or any sUbsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
0-2
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
_ Applicable
x Not Applicable
[)-3
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_ Applicable
x Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
X General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
n-4
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
_ Applicable
x Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
_ Applicable x Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
D-S
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
X Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
_ $ 500,000 each claim and in the aggregate
-L $1 ,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
1)-6
_ $5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
1)-7
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
1)-8
ACORD", CERTIFICATE OF LIABILITY INSURANCE T DATE (MMfDDNYVY)
9/3012010 2/12/2010
PRODUCER Locktan Companies, LLC-l Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
444 W. 47th Street. Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Kansas City MO 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(8]6) 960-9000
INSURERS AFFORDING COVERAGE NAIC#
INSURED POST. BUCKLEY. SCHUH AND JERNIGAN. INC. INSURER A: LLOYDS OF LONDON A XV
1307320 DBA PHS&J INSURER B:
200 I NW 107 A VENUE INSURER c:
MIAMI FL 33172-2507
INSURER 0:
INSURER E:
COVERAGES
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING
PD INSURER/51. AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE lNSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR D,'I:~ POLICY NUMBER P~.k{~~~~6gm~ Pgi!fJI~~G,AAN LIMITS
LTR NSR TYPE OF INSURANCE
~ENERAL LIABILITY EACH OCCURRENCE . XXXXXXX
- jOMMEACIAL GENERAL LIABILITY NOT APPLICABLE ~~~b~~I9E~~~~~r~nce\ $ XXXXXXX
- CLAIMS MADE D OCCUR MED EXP (Anyone person) $ XXXXXXX
- PERSONAL & ADV INJURY $ XXXXXXX
- GENERAL AGGREGATE $ XXXXXXX
~N'L AGGREnE LIMIT APPnlPER: PRODUCTS - COMP/OP AGG $ XXXXXXX
PRO-
POLICY JECT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ XXXXXXX
- ANY AUTO NOT APPLICABLE (Eaaccident)
- ALL OWNED AUTOS BODILY INJURY
(Per person) $ XXXXXXX
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(per accident} $ XXXXXXX
- NON-OWNED AUTOS
- PROPERTY DAMAGE $ XXXXXXX
(Peraccidenl)
~RAGE L1ABIUTY AUTO ONLY - EA ACCIDENT $ XXXXXXX
ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX
AUTO ONLY: AGG $ XXXXXXX
3CESSJUMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX
OCCUR 0 CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX
$ XXXXXXX
R 0 UMBRELLA
DEDUCTIBLE FOAM $ XXXXXXX
RETENTION $ $ XXXXXXX
WORKERS COMPENSATION AND I we STATU- I 10TH-
NOT APPLICABLE TORY LIMITS ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNEPJEXECUTIVE EL. EACH ACCIDENT $ XXXXXXX
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ XXXXXXX
II yes, describe under EL. DISEASE - POLICY LIMIT $ XXXXXXX
SPECIAL PROVISIONS below
A OTHER LDUSA09008] ] 9/3012009 9/30/20] 0 $1,000.000 EACH CLAIM &
A CLAIMS-MADE FORM $1,000,000 ANNUAL AGGREGATE.
PROFESSIONAUPOLLUTION 111111J961 RETRODATE.
LIABILITY
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS
RE: CONTRACT #10-5206; PROFESSIONAL SERVICES FOR DESIGN SERVICES FOR COLLIER AREA TRANSIT (CAT) TRANSFER STATION.
CERTIFICATE HOLDER
10796826
COLLIER COUNTY
ADMINISTRATIVE SERVICES DIVISION - PURCHASING
ATIN: RHONDA CUMMINGS, FCCN, CPPS
330] TAMIAMI TRA]L EAST
NAPLES FL 34112
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENOEAVOR TO MAIL 30
DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001108)
ACORQ" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYY)
02/12/10
PRODUCER 1-866-220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holmes Murphy and Associates - omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMENO, EXTEND OR
2637 South 158th PlaO':a ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 200
Omaha, NE 68130 INSURERS AFFORDING COVERAGE
---.- _.,,~- -_._~ f---- ---_..__._--_._-----_._._~ ---------- -. ___n___________
INSURED ~~~R A: ZuriCJh American Insurance __g9!!'~~I~_16_.?~.
Post, Buckley, Schuh . Jernigan, Inc. . ------. -.-
d/b/a PBS&J .!!:!~URER B:Am6~ican Guar~.~te_e and Liability Ins. Co J'.J!..2_.15~~?___
2001 NW lQ7th Avenue ~!L~~t.ea~.~'!~-! Ins~~!lcEl___CompaI?-y/#263B7
...------- -- -
Miami, 'L 33172~2507 !tI_~\~~~_ ----..---- ..--------- ..------------- ---~ ...
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLlCJES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
~_O~.~CIES:.~g-~EGAT~-~.I~J~SHO~~'1"-~~VE BEEN REDUCED BY ~~JD ~~~___ POLlCY-EXP'RATI6N --------..,-,. --~--.-._- --
l~;>~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE LIMITS
A ~NERAL LIABILITY GLa 9139458-03 09/30/09 09/30/10 ~t' OCCURRENCE _L~OOO,O~~__
-"- OMMERCIAL GENERAL LIABILITY ~MA.Q~(Allyonllfir"~ ~.~OO,OOO_._
CLAIMS MADE 0 OCCUR MED EX? ~ onll pllr5~!,l.._ -~!.~QQ--. ----
-"- ~_,?l;\ _t.:.~.:~~a2...~ abi 11 ty ~5R-?ONAL&ADV1.~ _L~.~O,OO~_ -
-- ---.-.-- ~~NERAL AG9.REGATE $.2,OOO~_?00~_ --
9E-r AGG:E~r LIMIT A?f~.~t PER: ~~OOUCT~. COMP/OP AGG_ ~.OOO,O_~_____ --.-
POLICY X I ~~RT X LOC
B I..A!:'.TOMOBILE LIABILITY BAP 9139457-03 09/30/09 09/30/10 COMBINED SINGLE LIMIT
$ 2,000,000
X ANY AUTO (Eaaccidllnl)
-- ---.,,--. ---~ .._m____________._
ALL OWNED AUTOS BODILY INJURY
(PllrpIl15on) ,
I-~ SCHEDULED AUTOS ~------ ..---- ---. -------.- ........
HIRED AUTOS 1l0Dlt Y INJURY
(Pllfllccldonl) ,
NON.OWNED AUTOS -- - .- -. .--.-
X Contractual Li~biUty PROPERTY DAMAGE
.~--- (Pelaccidllnl) ,
-"~FOE LIABILITY _~!:I_!Q._Q~~ Y - EA ACCIDENT , ----
ANY AUTO OTHER THAN E~~ ...!.-_._-~----.-_.-
AUTO ONLY: AOO ,
e ..!~CESS LIA.BIUTY AUe 508762104 09/30/09 09/30/10 EACH OCCURRENCE __~~, 00 0 ~~.~~._____
j] OCCUR [J CLAIMS MADE AGGREGATE ....---- _L~^~~OOO,OO~__
----.. .----,._-~- .!~~---- ---._--
=i IDEDUCTlBLE -- .~----_._-- ------- -
RETENTION ,0 ,
A WORKERS COMPENSATION ANO we 9139459-03 09/30/09 09/30/10 _x I WCSTATU-;.! IOJ~'
------ ..---- -----.-_.
EMPLOYERS' LIABILITY _E.L. EACfi~f_CIDENT ____ _L:~~~!~?O
! ------
_~_'L. DISEASE. EA EMPLq'!'5_~ !.~.~_ ~_~~.~.O_O? ......
I E.l.. DISEASE - POLlCY LlMIT S 1,000,000
OTHER ,
.
,
DESCRIPTION OF OPERATlONS/LOCATIONSfVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISiONS
RE, Professional Services for Design Services for Callier Area Transit (CAT) Transfer Station Contract #10-5206.
Board of County Commissioners for Collier County. Collier County Goverrunent, Collier County, Florida are Additional
Insuredl3 on the General Liability, including Completed Operations (01. ONLY) and the Automobile Liability
nn a Primary basis, if required by contract, with respect to the operations nf the insured on the above listed project.
Umbrella follows fom to the Addi Honal Insureds on the General Liability and Automobile Liability, if required by
contract. Severability of Interest i. included on tho General Liebili ty and Automobile Liability.
s.. attached for additional wording.
CERTIFICATE HOLDER I J ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County DATE THEREOF, THE ISSUING INSURER WILL ~X~~ MAIL ~ DAYS WRITTEN
Adminietrative Services Divieion - PurChasing NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 9U't~J4KXIlf~KX
3301 Tamiami Trail East ~KIU{~K-'tHKH#Jf~l:liQK.JtJf~~KU&M~~:M~I1f~~N'Y6Cti"X
~i~~IXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxxxxxx
Naples, n 34112 AUTHORIZED REPRESENTA TlVE ~~
USA
ACORD 25.g (7/97) edornna
14447293
@ ACORD CORPORATION 19BB
-:
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pOlicies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s}.
DISCLAIMER
The Certificate of Insurance on the reverse sIde of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-8 (7/97)
nJ
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
02/12/10
NAME OF INSURED: Post, Buckley, Schuh & Jernigan, Inc.
d/b/a PBS&J
Waiver of Subrogation on the General Liability, Automobile Liability and Workers Compensation in favor of the
Additional Insureds.
Additional Insured on the General Liability << Auto Liability on a Primary" Non-Contributory basie, including
completed operations "Where Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per Project
Blanket Additional Insured Lessor/LOBs Payee on the Auto Liability. Waiver of Subrogation on the General Liability
Auto Liability, and Workers Compensation "Where Required by Contract", Umbrella follows form to the Additional
Insureds on the General Liability.
NOTICE OF CANCELLATION WORDING:
SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
ISSUING INSURER WILL MAIL 30, 60 OR 90 DAYS WRITTEN NOTICE "WHERE REQUIRED BY CONTRACT" EXCEPT 10 DAYS NOTICE FOR
NONvPAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED ON THE ATTACHED CERTIFICATE.
supp (10/00)
Additional Insured - Automatic - Owners, Lessees Or
Contractors - Broad Form
@
ZURICH
Named Insured: Post, Buckley, Schuh & Jernigan, Inc. d/b/a/ PBS&J
Policy No. Eff. Date of Pol. Exp. Date of Pol. Err. Dale of End. Producer Add'l. Prem RetumPrem.
G LO 9139458-03 09/30/09 09/30/1 0 09/30/09 $ $
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. WHO IS AN INSURED (Section II) is amended to include as an insurcd any person or organization whom you are required
to add as an additional insured all this policy under a written contract or written agreement.
B. The insurance provided to additional insureds applies only to "bodily injury", "propeliy damage" or "personal and advertis~
ing injury" covered undcr Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and
Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if:
I. The "bodily injury" or "property damage" results fi'om your negligence; and
2. The "bodily injury", "propeliy damage" or 'lpersonal and advel1ising injuryll results directly fi'om:
a, Your ongoing operations; or
b. <lYOUI' workl1 completed as included in the "products-completed operations hazard'\
performed for the additional insured, which is the subject of the written contract or written agreement.
C. However, regardless of the provisions of paragraphs A. and B. above;
I, We will not extend any insurance coverage to any additional insured person OJ' organization:
a. That is not provided to you in this policy; or
b. That is any broader coverage than you are required to provide to the additional insured person or organization in the
written contract or written agreement; and
2. We will not provide Limits of InsUI'ance to any additional insured person or organization that exceed the lower of:
a. The Limits of Insurance provided to you in this policy; or
b. The Limits of InSLlrancc YOll are required to provide in the written contract or written agreement.
D. The insurance provided to the additional insured person or organization does not apply to:
J. "Bodily injury", "property dall1f1ge" or "personal and advertising injury" that results solely from negligence of the f1ddi-
tional insured; or
2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or f(lilure to
render (Iny professional architectural, engineering or surveying services including:
a. The preparing, approving, or tailing to prepare or approve lTIClpS, shop drawings, opinions, reports, surveys, Held
orders, chcll1ge orders or drawings and specifications; and
Includes copyrighted material of Insurance ServIces Office, Inc. with its permission.
lJ-GL-1175-A CW (9/0J)
Page I of1
b. Supervisory, inspection, architectural or engineering activities.
E. The additional insured must see to it that:
I, We are notified as soon as practicable of an "occurrence" or offense that may result in a claim:
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured also has rights as an insured or additional insured.
F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in-
surance available to any additional insured person or organization unless the other insurance is provided by a contractor
other than YOll for the same operations and job location, Then we will share with that other insurance by the method de-
scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ-
ten,
Name of Person or Organization:
Board of'County Commissioners for Collier County, Collier County Government, Collier County, Florida
3301 Tamiami Tr.i1 East
Naples, FL 34112
RE: Professional Services for Design Services for Collier Area Transit (CAT) Tr.nsfcr St.tion,
Contr.ct #] 0-5206.
U-GI.-1175-A CIV (9103)
Page 2 of2
Waiver Of Subrogation (Blanket) Endorsement
~
ZURICH
Named Insured: Post, Buckley, Schuh & Jernigan, Inc.
d/b/a PBS&J
Policy No Ell. Date of Pol. Exp. Date of Pol. Err. Dale of End, Producer Add'l, Prem Return Prem.
GLO 9139458-03 09/30/2009 09/3012010 09/30/2009 11-800-000 $ $
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rigbts Of Recovery Against Others To Us Condition:
Ifyoll are required by a written contract or agreement, whi~h is executed befOl'e a loss, to waive your rights ofrecovel'Y from oth-
ers, we agree to waive Ollr rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other
operations in which the insured has no contractual interest.
Name of Person or Organization:
Board of County Commissioners for Collier County, Collier County Government, Collier County, Florida
3301 Tamiami Trail East
Naples, FL 34112
RE: Professional Services ror Design Services for Collier Area Transit (CAT) Transfer Station
Contract #10-5206.
U-GL-92:i-8 CW (J 2/01)
Page r of J
~
ZURICH
Polity No. Efr. Date of Pol.. Exp. Date of Pol. Efr. Date of End. Agcllry No. fAdd!. Prem Return Prem,
BAP 9139457-03 ~9/30/2009 9/30/20 I 0 9/3012009 11-800-000
Waiver Of Transfer Of Rights Of Recovery Against Others To Us
This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at
the hour stated in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured:
Address (including ZIP code):
Post, Bucldey, Schuh & Jernigan, Inc. (Jlb!a! PBS&J
5300 W. Cypress Street
Tampa, FL 33607-1764
This endorsement modifies insurance provided under the:
Business Auto Coverage Form
Truckers Coverage Form
Garage Coverage Form
Motor Carrier Coverage Form
SCHEDULE
Name of Person or Organization:
Board of'County Commissioners for Collier County, Collier County Government, Collier County, Florida
3301 Tamiami Trail East
Naples, FL 34112
RE: Professional Services for Design Serviccs for Collier Arca T,'ansit (CAT) Transfer Station Contract #10-5206.
We waive any right of recovery we may have against the designated person or organization shown in the schedule because of
payments we make for injury or damage caused by an "accident" or "loss" resulting from the ownership, maintenance, or lIse of
a covered "autoH for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated
persoll or organization. The waiver applies only to the designated perSOll or organization shown in the schedule.
LJ-CA-320-11 CW (4/94)
Page] uf 1
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY
WC 00 03 13
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inceplion date of the policy unless a
different date is indicated below.
(The foHowing "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on
09/30/2009 at 12:01 AM. standard time, forms a part of
(DATE)
Policy No. WC 9139459-03
of the ZURICH AMERICAN INSURANCE COMPANY
(NAME OF INSURANCE COMPANY)
issued to Post, Buckley, Schuh & Jernigan, Inc. d/b/a PBS&J
Premium (if any) $
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. This agreement applies only to the
exlent that you perform work under a written contract that requires you to obtain this agreement from us.'
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS ANDIOR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF
SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT
PERSON AND/OR ORGANIZATION
Board of County Commissioners for Collier County, Collier County Government, Collier County,
Florida
3301 Tamiami Trail East
Naples, FL 34112
RE: Professional Services for Design Services for Collier Area Transit (CAT) Transfer Station
Contract #10-5206.
we 124 (4-84)
WC 000313
Copyright 1983 National Council on Compensation Insurance
Page 1 of 1
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Post, Buckley, Schuh & Jernigan, Inc. hereby certifies that wages, rates
and other factual unit costs supporting the compensation for the services of the CONSULTANT
to be provided under the Professional Services Agreement, concerning 10-5206 Design
Services for the Collier Area Transit (CAT) Transfer Station are accurate, complete and
current as for the time of contracting.
Post, Buckley, Schuh & Jernigan, Inc.
BY:~~ .
\
Randy L. Larson
TITLE: Co-President
DATE: 2/18/10
SCHEDULE F
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
Principal Planner Sharon Phillips 8%
Senior Planner Rebecca Spain Schwarz 40%
Planner Staff Position 52%
Principal Architect Jeffrey Jerrels 3%
Senior Project Manager Gary Wingo 20%
Quality Control Nathan West 12%
Project Architect Cybelle Kantor 25%
Designer II Staff Position 35%
Senior Inspector Staff Position 10%
Administrative Noemi Arroyo 5%
Subconsultants
RWA Consulting
Urban Green Studio
10%
34%
Siebein Associates, Inc.
25%
Base Consultants
50%
1'-1